President Trump has signed a slew of executive orders since returning to office earlier this week.
One of the executive orders recently signed by President Donald Trump is set to bring significant changes to federal policies, particularly affecting non-binary individuals and their ability to obtain passports reflecting their gender identity. This decision, part of Trump’s sweeping initiatives since his return to the White House, has sparked widespread concern among LGBTQ+ advocates and civil rights organizations.
Trump, who resumed office earlier this week, wasted no time implementing his agenda. Within hours of his inauguration, the president signed over 200 executive orders, targeting a wide range of issues including employment, climate change, and immigration. Among the most controversial of these is an order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
The Executive Order and Its Key Provisions
The executive order enforces a strict binary definition of gender, recognizing only male and female as valid categories based on biological sex assigned at birth. This definition extends to all federal documentation, including passports, birth certificates, and other identification.
Secretary of State Marco Rubio, in an email obtained by The Guardian, outlined the immediate impact of the policy. He stated, “The policy of the United States is that an individual’s sex is not changeable,” and directed staff to ensure that “sex, and not gender, shall be used” on official documents. As a result, all passport applications requesting an “X” gender marker have been frozen, effective immediately.
The new directive includes the following measures:
Suspension of Applications: Any passport application seeking to include an “X” gender marker or requesting a change in the sex marker is to be suspended indefinitely.
Policy Scope: Both current and future applications are affected, although passports already issued with an “X” marker remain valid for now. However, renewing or updating these passports under the new policy is expected to present challenges.
A Reversal of Progress
The policy change marks a stark reversal of the progress made under the Biden administration. In October 2021, the U.S. issued its first passport with an “X” gender marker, a move that was celebrated as a significant step toward inclusivity and recognition of gender diversity. Jessica Stern, the U.S. Special Envoy for LGBTQ+ Rights, hailed the initiative as a way to ensure federal systems reflect the “diversity of gender identity, gender expression, and sex characteristics among U.S. citizens.”
A 2021 survey estimated that 1.2 million Americans identify as non-binary, highlighting the broad impact of the Biden-era policy. For many, the option to select an “X” gender marker on their passports symbolized validation and acknowledgment of their identities. The new directive not only halts progress but also raises concerns about the broader implications for LGBTQ+ rights in the U.S.
